Bill > HB2681

This bill modifies the penalty structure for certain drug possession offenses in Texas, primarily focusing on small amounts of controlled substances. Specifically, the bill changes the classification of first-time possession of less than one gram of controlled substances from a state jail felony to a Class A misdemeanor with a mandatory minimum of 180 days in confinement. However, if an individual has a previous conviction for certain drug offenses, the charge would revert to a state jail felony. The bill also introduces a new provision for substances in Penalty Group 1-B, making possession of less than one gram a state jail felony. Additionally, the legislation maintains existing "good Samaritan" provisions that provide a defense to prosecution for individuals who seek emergency medical assistance during an overdose. The bill also allows judges granting community supervision to require participants to complete a substance abuse awareness educational program. These changes aim to provide more flexible sentencing for first-time drug offenders while maintaining penalties for repeat offenders. The new law would take effect on September 1, 2025, and would only apply to offenses committed on or after that date.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2681